In Depth

Indiana Court of Appeals judges split on their views of the best interests of a child Tuesday, reversing a trial court order
granting visitation to the paternal grandparents of a 4-year-old whose father committed suicide before the child was born.

The panel in April stayed the visitation order and retained jurisdiction while remanding to the trial court to make required
findings to support its judgment allowing overnight visitation with the child, C.S.N.

Judges Patricia Riley and Melissa May concluded the trial court had erred by awarding grandparents visitation by making findings
that failed to consider the totality of circumstances surrounding mother’s decision to restrict visitation that had
been regular during the first few years of the child’s life.

Chief Judge Nancy Vaidik dissented and would affirm the trial court’s grandparent visitation order. She wrote the trial
court’s findings found that mother’s justification for denying visitation “did not, in fact, hold water.”

“(D)eferring to the trial court’s superior opportunity to judge the credibility of the witnesses, I would find
that the court did not abuse its discretion in granting Grandparents’ petition,” Vaidik wrote.

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